(a) Any circuit judge or retired circuit judge in the Twenty-third Judicial Circuit shall have the right of election to come under this section. Any judge who elects to make the contributions provided in subsection (b) shall upon retirement be entitled to receive as additional compensation payable from the treasury of the county, for each year of service for which he or she is given credit toward retirement under the State of Alabama Judicial Retirement System, a sum equal to 2.222 percent of the compensation paid the judge by the State of Alabama.
(b) A circuit judge or retired circuit judge in the Twenty-third Judicial Circuit may elect to participate in the retirement benefits provided in subsection (a) by filing with the clerk of the circuit court and with the chair of the county commission or county treasurer of the county wherein such circuit is located a written instrument declaring his or her election to so participate and authorizing the county governing body to deduct the sum of six percent of his or her county supplemental pay as his or her contribution toward the cost of providing the retirement compensation provided for in subsection (a).
(c) The election provided for in subsections (a) and (b) must be made by a judge holding office on May 5, 1988, within 90 days from May 5, 1988, and if not then made may not thereafter be made. A judge not holding office on May 5, 1988, must make such election within 90 days after the date he or she takes office and, if such election is not made, it may not thereafter be made. Provided, however, this section shall not apply to retired circuit judges.
(d) If any person who has paid in contributions pursuant to subsection (b) leaves office or dies before becoming entitled to receive the retirement compensation hereinabove provided for, he or she or his or her estate shall be entitled to be reimbursed for all contributions.